Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022
Compilation No. 2
Compilation date: 1 December 2022
Includes amendments up to: F2022N00287
About this compilation
This compilation
This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022 that shows the text of the law as amended and in force on 1 December 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name...................................................1
3 Authority................................................1
4 Definitions...............................................1
5 Rollover of ISSP grant amounts...................................2
6 Rollover of other grant amounts ...................................3
7 Conditions on ISSP grants......................................4
Schedule 1—Conditions 5
1 Name
This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022.
3 Authority
This instrument is made under subsection 38-40(3) and subsection 38-40(4) of the Act for the purposes of Part 2-2A of the Act.
4 Definitions
Note: A number of expressions used in this determination are defined in Schedule 1 of the Act, including the following:
(a) annual financial reporting period;
(b) higher education provider;
These expressions are identified in italics in this determination.
2021 ISSP rollover grant means the money taken to be granted to the Central Queensland University or Federation University Australia or Flinders University or James Cook University or La Trobe University or Royal Melbourne Institute of Technology or University of New England or the University of Newcastle or the University of Queensland or the University of South Australia or Victoria University for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021 or the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2021 and section 38-40 of the Act.
Act means the Higher Education Support Act 2003.
administering officer means an employee in the National Indigenous Australians Agency.
grant year means the 2021 calendar year.
Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.
ISSP grant means a grant provided for under section 5 of the Guidelines in respect of the grant year.
2022 ISSP rollover grant means the amount of the unspent amount of an ISSP grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted under Part 2-2A of the Act to a higher education provider listed at paragraph 5(a) in respect of the 2022 calendar year, other than an amount comprising a 2022 ISSP further rollover grant.
2022 ISSP further rollover grant means the amount of the unspent amount of a 2021 ISSP rollover grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted under Part 2-2A of the Act to a higher education provider listed at in column 2 of the table in section 6 in respect of the 2022 calendar year.
5 Rollover of ISSP grant amounts
For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:
(a) section 38-40 applies to each of the following higher education providers in respect of their ISSP grant:
(i) Australian Catholic University;
(ii) The Australian National University;
(iii) Batchelor Institute of Indigenous Tertiary Education;
(iv) Bond University;
(v) Central Queensland University;
(vi) Charles Sturt University;
(vii) Federation University Australia;
(viii) Flinders University;
(ix) Griffith University;
(x) James Cook University;
(xi) La Trobe University;
(xii) Macquarie University;
(xiii) Monash University;
(xiv) Queensland University of Technology;
(xv) Royal Melbourne Institute of Technology;
(xvi) Swinburne University of Technology;
(xvii) The University of Canberra;
(xviii) The University of Melbourne;
(xix) The University of New England;
(xx) The University of New South Wales;
(xxi) The University of Newcastle;
(xxii) The University of Queensland;
(xxiii) The University of South Australia;
(xxiv) The University of Sydney;
(xxv) The University of Western Australia;
(xxvi) The University of Wollongong; and
(xxvii) Victoria University.
(b) the amount specified in column 3 of the table is the amount of the unspent amount of the ISSP grant of a higher education provider specified in column 2 of the table.
Rollover of ISSP grant amounts | |||
Column 1 | Column 2 | Column 3 | |
Item | Higher education provider | Amount of unspent amount of ISSP grant | |
1. | Australian Catholic University | $143,900 | |
2. | The Australian National University | $24,212.20 | |
3. | Batchelor Institute of Indigenous Tertiary Education | $65,189 | |
4. | Bond University | $1,502.98 | |
5. | Central Queensland University | $80,915.01 | |
6. | Charles Sturt University | $860,000 | |
7. | Federation University Australia | $62,842 | |
8. | Flinders University | $102,322.08 | |
9. | Griffith University | $537,000 | |
10. | James Cook University | $225,000 | |
11. | La Trobe University | $271,623 | |
12. | Macquarie University | $210,000 | |
13. | Monash University | $180,000 | |
14. | Queensland University of Technology | $138,365.58 | |
15. | Royal Melbourne Institute of Technology | $294,000 | |
16. | Swinburne University of Technology | $63,054.30 | |
17. | The University of Canberra | $68,884 | |
18. | The University of Melbourne | $259,680.38 | |
19. | The University of New England | $483,247 | |
20. | The University of New South Wales | $618,979 | |
21. | The University of Newcastle | $496,684 | |
22. | The University of Queensland | $129,809.32 | |
23. | The University of Sydney | $177,150 | |
24. | The University of Western Australia | $87,166.87 | |
25. | The University of Wollongong | $156,237.19 | |
26. | Victoria University | $98,495.90 | |
Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined as a grant made under Part 2-2A of the Act in respect of the next following year .
Note 2: The 2022 ISSP rollover grant amount for a higher education provider listed in paragraph (a) is the amount specified in column 3 of the table for the provider.
6 Further rollover of grant amounts
For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:
(a) section 38-40 applies to a higher education provider specified in column 2 of the table in respect of the grant specified in column 3 of the table;
(b) the amount specified in column 4 of the table is the amount of the unspent amount of the grant specified in column 3 of the table.
Rollover of other grant amounts | ||||
Column 1 | Column 2 | Column 3 | Column 4 | |
Item | Higher education provider | Grant | Amount of unspent amount of grant | |
1. | Central Queensland University | 2021 ISSP rollover grant | $11,107.77 | |
2. | Federation University Australia | 2021 ISSP rollover grant | $53,773 | |
3. | Flinders University | 2021 ISSP rollover grant | $135,481.41 | |
4. | James Cook University | 2021 ISSP rollover grant | $94,000 | |
5. | La Trobe University | 2021 ISSP rollover grant | $254,514 | |
6. | Royal Melbourne Institute of Technology | 2021 ISSP rollover grant | $70,000 | |
7. | The University of New England | 2021 ISSP rollover grant | $10,344 | |
8. | The University of Newcastle | 2021 ISSP rollover grant | $79,201 | |
9. | The University of Queensland | 2021 ISSP rollover grant | $120,812.06 | |
10. | The University of South Australia | 2021 ISSP rollover grant | $127,191 | |
11. | Queensland University of Technology | 2021 ISSP rollover grant | $7,872 | |
Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined to the next following year as a new grant under Part 2-2A of the Act.
Note 2: Section 164-15 of the Act provides that an overpayment of an amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth.
7 Conditions on grants
For the purposes of paragraph 38-40(2)(b) of the Act, the conditions in Schedule 1 to this instrument are determined under subsection 38‑40(4) of the Act to apply to a 2022 ISSP rollover grant and a 2022 ISSP further rollover grant.
Note 1: A higher education provider’s approval may be revoked if, among other things, the provider breaches a condition of a grant made to the body under Part 2-2A of the Act: see section 22-15 of the Act.
Note 2: Part 2-5 of the Act provides that a higher education provider may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants, including grants under Part 2-2A of the Act.
Schedule 1—Conditions
1 Using a grant
(1) A higher education provider specified in column 2 of the table must use the grant in column 3 of the table:
(a) to administer and deliver the activity or activities specified in column 4 of the table for the provider; and
(b) in the 2022 calendar year, unless the Chief Executive Officer has made a determination under subsection 38-40 of the Act in relation to the provider in the next following year.
Description of activity |
|
| ||
Column 1 | Column 2 | Column 3 | Column 4 | |
Item | Higher education provider | Grant | Activity | |
1. | Australian Catholic University | 2022 ISSP rollover grant |
| |
2. | The Australian National University | 2022 ISSP rollover grant | Providing additional academic support, tutorial support and pastoral care. | |
3. | Batchelor Institute of Indigenous Tertiary Education | 2022 ISSP rollover grant | Face-to-face classes and pastoral care for higher degree by research students. | |
4. | Bond University | 2022 ISSP rollover grant | Additional tutorial support (including one-on-one tutoring assistance). | |
5. | Central Queensland University | 2022 ISSP rollover grant |
| |
6. | Central Queensland University | 2022 ISSP further rollover grant | Development of interactive cultural program for First Nations and non‑Indigenous students. | |
7. | Charles Sturt University | 2022 ISSP rollover grant |
| |
8. | Federation University Australia | 2022 ISSP rollover grant |
| |
9. | Federation University Australia | 2022 ISSP further rollover grant |
| |
10. | Flinders University | 2022 ISSP rollover grant |
| |
11. | Flinders University | 2022 ISSP further rollover grant |
| |
12. | Griffith University | 2022 ISSP rollover grant | Delivery of First Peoples Student Success. | |
13. | James Cook University | 2022 ISSP rollover grant |
| |
14. | James Cook University | 2022 ISSP further rollover grant | Delivery of winter and summer schools. | |
15. | La Trobe University | 2022 ISSP rollover grant |
| |
16. | La Trobe University | 2022 ISSP further rollover grant |
| |
17. | Macquarie University | 2022 ISSP rollover grant |
| |
18. | Monash University | 2022 ISSP rollover grant |
| |
19. | Queensland University of Technology | 2022 ISSP rollover grant |
| |
20. | Royal Melbourne Institute of Technology | 2022 ISSP rollover grant and 2022 ISSP further rollover grant | Improving and expanding supplementary academic support. | |
21. | Swinburne University of Technology | 2022 ISSP rollover grant | Indigenous student recruitment and retention. | |
22. | The University of Canberra | 2022 ISSP rollover grant | Story Ground Pathway program. | |
23. | The University of Melbourne | 2022 ISSP rollover grant | Indigenous student engagement and well-being. | |
24. | The University of New England | 2022 ISSP rollover grant |
| |
25. | The University of New England | 2022 ISSP further rollover grant | Lessons from the Bachelor of Nursing Degree. | |
26. | The University of New South Wales | 2022 ISSP rollover grant |
| |
27. | The University of Newcastle | 2022 ISSP rollover grant |
| |
28. | The University of Newcastle | 2022 ISSP further rollover grant |
| |
29. | The University of Queensland | 2022 ISSP rollover grant |
| |
30. | The University of Queensland | 2022 ISSP further rollover grant |
| |
31. | The University of South Australia | 2022 ISSP further rollover grant | Refurbishment and redevelopment of student centre. | |
32. | The University of Sydney | 2022 ISSP rollover grant |
| |
33. | The University of Western Australia | 2022 ISSP rollover grant | Enhancing recruitment, outreach and student support activities. | |
34. | University of Wollongong | 2022 ISSP rollover grant |
| |
35. | Victoria University | 2022 ISSP rollover grant |
| |
(2) A higher education provider must not use a grant specified in column 3 of the table in sub-item (1) to administer any aspect of the provider’s business other than delivery of the activity or activities specified for the provider in column 4 of the table in sub-item (1) in respect of the grant.
2 Payment to a person to deliver activities
(1) Subject to sub-item (2), a higher education provider may use a grant specified in column 3 of the table in sub-item 1(1) to pay a person or organisation to deliver an activity specified for the provider in column 4 of the table in sub-item 1(1) in respect of the grant.
(2) In recruiting a person to deliver an activity, a higher education provider must give priority to Indigenous persons.
(3) In procuring an organisation to deliver an activity, a higher education provider must give priority to organisations that employ, or provide training opportunities for, Indigenous persons.
3 Reporting
(1) A higher education provider that receives a grant specified in column 3 of the table in sub-item 1(1) must give the reports specified in column 2 of the table in this sub-item for activities delivered using the grant to the Minister by the day specified in column 3 of the table in this sub-item.
Reporting | ||
Column 1 | Column 2 | Column 3 |
Item | Report | Date |
1. | Acquittals report | Last business day of April of 2023 |
2. | Performance report | Last business day of April of 2023 |
Note: In addition to the reports specified in column 2 of the table, paragraph 19-10(1)(a) of the Act provides that a higher education provider must give to the Minister a financial statement for each annual financial reporting period for the provider in which the provider receives assistance under Chapter 2 of the Act.
(2) In giving a report to the Minister under sub-item (1), a higher education provider may:
(a) give the acquittals report with the acquittals report for an ISSP grant the provider is required to give to the Minister under item 1 of the table in subsection 17(1) of the Guidelines; and
(b) give the performance report with the performance report for an ISSP grant the provider is required to give to the Minister under item 2 of the table in subsection 17(1) of the Guidelines.
(3) An administering officer may request a higher education provider revise a report described in column 2 of the table in sub-item (1) if the administering officer reasonably considers that the form or content of the report is unsatisfactory.
(4) An administering officer may request any additional information or reports about the use of a grant specified in column 3 of the table in sub-item 1(1) from a higher education provider.
(5) A higher education provider must comply with a reasonable request under sub‑items (3) or (4) within 10 business days of the request, or a longer period specified by an administering officer in writing.
4 Application of the Guidelines
The requirements of subsections 14(2) and (3), section 15 (other than paragraph (a)), section 16, section 35, section 36 and section 37 of the Guidelines apply to a grant specified in column 3 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md not incorp) = misdescribed amendment | Sdiv = Subdivision(s) |
cannot be given effect | SLI = Select Legislative Instrument |
mod = modified/modification | SR = Statutory Rules |
No. = Number(s) | Sub‑Ch = Sub‑Chapter(s) |
| SubPt = Subpart(s) |
| underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022 | 17 March 2022 (F2022N00058) | 18 March 2021 |
|
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2022 | 10 November 2022 (F2022N00266)
| 11 November 2022
|
|
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination No. 2 2022 | 30 November 2022 (F2022N00287)
| 1 December 2022
|
|
Endnote 4—Amendment history
Provision affected | How affected |
Section 2 | rep LA s 48D |
Section 5, item 3 Section 5, item 14 Section 5, item 18 Section 5, item 19 Section 5, item 22 Section 5, item 25 Section 5, item 26 Section 6, item 11 Section 6, item 9 Sch 1, section 1, item 27 Sch 1, section 1, item 28 Sch 1, section 1, item 34 Sch 1, section 1, item 35 | am F2022N00266 am F2022N00266 am F2022N00266 rep F2022N00266 am F2022N00266 am F2022N00266 ad F2022N00266 rs F2022N00266 am F2022N00266 am F2022N00266 am F2022N00266 am F2022N00266 am F2022N00287 |